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2018 Supreme(Mad) 4346

M.GOVINDARAJ
National Insurance Co. Ltd. – Appellant
Versus
Balakrishnan – Respondent


Advocates Appeared:
S. Vadivel, Adv., S. Vijaya Kumar, Adv.

JUDGMENT :

M. Govindaraj, J.

1. Challenging the award of compensation made in W.C.No.382 of 2010 dated 09.05.2013 on the file of the Commissioner for Workmen's Compensation-2/Deputy Commissioner of Labour - 2. Teynampet, Chennai 600 006, the National Insurance Company Limited has preferred this appeal.

2. The Insurance Company is the appellant before this Court. According to the Insurance Company, they are not liable to pay the compensation for the persons who are employed in a rig unit mounted on lorry. The Insurance Policy covers only the accidents occurred out of plying the vehicle and not for the operation of the rig, therefore, they are not liable to pay the compensation.

3. The case of the claimant is that he was employed under the second respondent, who is the owner of the vehicle bearing Registration No.TNG-5573. On the instructions from his employer, the claimant was doing bore well work on 21.04.2010, in which he sustained injuries in his right hand and thereafter he was admitted to hospital. In the accident, his right hand middle four fingers were amputated and he could not do any work thereafter. On the basis of the injuries sustained, he laid the claim petition. The second







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